RAJKUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants against State of U.P. and another , with a prayer for setting aside summoning order, passed in Criminal Complaint Case No. 3102 of 2009 (Rajkumari vs. Rajkumar and others), for offences, punishable, under Sections 452 and 354 of IPC, Police Station-Amapur, District Kasganj, as well as impugned order, dated 1.10.2019, passed by the Revisional Court, i.e., III Additional Sessions Judge, Kasganj, in Criminal Revision No. 5/2019 (Rajkumari vs. Rajkumar and others).

(2.) Learned counsel for applicants argued that the applicants are family members of Opposite party no.2. There is a dispute regarding civil property, wherein, a civil suit was filed and as a counter-blast, this criminal case was filed, implicating all family members, who are applicants, herein. Trial court failed to appreciate facts and law placed before it and passed the impugned order, whereas, there is no injury report nor any injury, either to the complainant or to others. Witness, at whose residence, it was said that the complainant and her sisters lived, in that very night, have not been examined. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) From very perusal of the impugned orders, it is apparent that a complaint was filed by Rajkumari, with this contention, that on 4.8.2009, at about 1.00 AM, while, she, alongwith her sisters, Vijay Kumari and Nilam, were present at their home, and her parents went to Amapur, accused persons, who were armed with unlicensed arms, did criminal trespass in the house and asked for their father. They threatened to kill their father. Complainant replied that their parents have gone to Amapur and did not return back. They did misbehave with complainant and her sisters by hurling abuses and, thereby, outraged their modesty. She raised alarm call, then, they extended threat and ran away from the spot. They went at the neighbour's house and stayed there in the night. This fact has been narrated, by the complainant, in the statement, recorded, under Section 200 of Cr.P.C. as well as under Section 202 of Cr.P.C., by her witnesses, in the enquiry made by the Magistrate and on the basis of this fact and existence of a prima facie case for offence of criminal trespass in the house of complainant and thereby outraging modesty of complainant and her sisters, accused persons have been summoned for offences, punishable, under Sections 452 and 354 of IPC. The contentions, made by the complainant in her complaint were reiterated by the complainant in her statement, recorded, under Section 200 of Cr.P.C., which was with full corroboration in the testimony of her two witnesses, in statements, recorded, under Sections 202 of Cr.P.C.